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Home > Resources > Steps to Take After Suffering a Personal Injury in New York

Steps to Take After Suffering a Personal Injury in New York

Suffering a personal injury can be a traumatic and overwhelming experience. Dealing with a personal injury claim down the road might not be the first thing on your mind, but knowing the appropriate steps to take immediately after an accident can help protect your rights and improve your chances of receiving fair compensation. At Rusk, Wadlin, Heppner & Martuscello, LLP, we are dedicated to helping injury victims in the Hudson Valley navigate the complexities of personal injury claims with strategic advice and zealous representation. Here’s a comprehensive guide on what to do after suffering a personal injury in New York. If you or a loved one has been hurt by someone else’s negligence in Ulster County or surrounding areas, call our office to speak with a compassionate and dedicated Kingston personal injury lawyer.

1. Seek Medical Attention

Your health and safety are the top priority. Seek medical attention immediately, either at the scene of the accident or at a hospital as needed, or follow up with a doctor as soon as possible for a thorough examination. Some injuries, such as whiplash, brain damage or internal bleeding, might not show symptoms right away but could become severe if left untreated. A qualified medical professional can assess your condition and provide necessary treatment. Additionally, medical records are crucial evidence in a personal injury claim, documenting the cause and extent of your injuries and the necessary treatments.

2. Report the Incident

Reporting the incident is essential. If you were injured in a car accident, call the police to the scene so they can file a report. For workplace injuries, notify your employer immediately. If you were injured on someone else’s property, inform the property owner or manager. An official report can serve as critical evidence in your personal injury case. In many instances, proper reporting is required by law and necessary to secure your rights.

3. Document the Scene

Collect as much evidence as possible from the accident scene. If you are physically able, take photos or videos of the location, your injuries, and any property damage. Gather contact information from any witnesses, as their statements can support your claim. Additionally, make note of any surveillance cameras that may have captured the incident. If your injuries prevent you from doing this, contacting an attorney as soon as possible will enable a legal professional to work on this on your behalf in a prompt and timely fashion.

4. Keep Detailed Records

Maintain detailed records of all your medical treatments, expenses, and any time missed from work due to your injury. Keep copies of medical bills, receipts for out-of-pocket expenses, and any correspondence with insurance companies. Detailed records will help quantify your damages and support your claim for compensation.

5. Avoid Speaking with Insurance Adjusters

Insurance adjusters may contact you shortly after the incident. It’s important to remember that they work for the insurance company and their goal is to minimize the payout. Avoid giving any recorded statements or signing any documents without first consulting with a personal injury attorney. Providing a statement or signing a release too soon can harm your ability to recover full compensation.

6. Consult with a Personal Injury Attorney

Consulting with an experienced personal injury attorney is crucial. An attorney will guide you through the legal process, protect your rights, and advocate for your best interests. At Rusk, Wadlin, Heppner & Martuscello, LLP, we offer free consultations to discuss your case and explain your legal options. Our team will handle all communications with insurance companies, gather evidence, and build a strong case on your behalf. The sooner you contact an attorney, the stronger your claim will ultimately be.

7. Follow Your Medical Treatment Plan

Follow your doctor’s treatment plan closely. Attend all follow-up appointments and physical therapy sessions, and take prescribed medications. Failing to adhere to your treatment plan can be used against you by insurance companies, arguing that your injuries are not as severe as claimed or that you made them worse by not getting treatment. Demonstrating a commitment to your recovery is vital for your health and your legal case.

8. Be Mindful of Social Media

Be cautious about what you post on social media. Insurance companies and defense attorneys often monitor claimants’ social media accounts for evidence that contradicts their injury claims. Avoid posting any photos, comments, or updates that could be misinterpreted and used against you in your personal injury case.

9. Understand the Statute of Limitations

In New York, the statute of limitations for personal injury claims is generally three years from the date of the injury. However, certain circumstances can alter this timeframe. Consulting with a personal injury attorney as soon as possible ensures that your claim is filed within the appropriate deadline, preserving your right to seek compensation.

Contact Rusk, Wadlin, Heppner & Martuscello, LLP for Help With Your NY Personal Injury Claim

Taking the right steps after suffering a personal injury can significantly impact the outcome of your claim. At Rusk, Wadlin, Heppner & Martuscello, LLP, our dedicated personal injury attorneys are here to support you through every stage of the legal process. We are committed to helping injury victims in the Hudson Valley secure the compensation they deserve. If you or a loved one has been injured, contact us today for a free consultation. Call 845-331-4100 in Kingston, 845-236-4411 in Marlboro, or 800-566-4101 throughout the Hudson Valley. Let us help you get back on the path to recovery.

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